Section Jus 16.03 - Quarterly escrow deposits(1) The attorney general may require all nonparticipating manufacturers to make the escrow payments required by s. 995.10(2), Stats., in quarterly installments. Factors that the attorney general may use in deciding whether to exempt a nonparticipating manufacturer from quarterly escrow payments include:(a)Established history of compliant escrow deposit. Nonparticipating manufacturers that have an established history of fully and timely funding a qualified escrow fund in Wisconsin, including for sales in the calendar year immediately prior to the current sales year.(b)No outstanding judgments. Nonparticipating manufacturers that have no outstanding unpaid judgments, including any civil penalty.(c)Limited sales volume. Nonparticipating manufacturers that have fewer than 1,000,000 of their cigarettes sold in Wisconsin during a quarter.(d)Other considerations. The attorney general may also consider other facts reasonably suggesting that the nonparticipating manufacturer may not make its full required escrow deposit by April 15 of the year following the year in which the cigarettes sales were made.(2) Nonparticipating manufacturers that are required to make quarterly escrow deposits shall make their escrow deposits no later than 30 days after the end of the quarter in which the sales are made, and shall provide the attorney general receipt of official notification of the deposit no later than 10 days after the date that the escrow deposit is required. Note: For example, the deadline for making a quarterly escrow deposit for cigarette sales occurring in February is April 30 of the same year. The deadline for officially notifying the attorney general of a quarterly escrow deposit for sales of cigarettes that occurred in February is May 10 of the same year.
(3) If the attorney general requires a nonparticipating manufacturer to make quarterly payments, the nonparticipating manufacturer shall also certify that such payments are complete and provide information sufficient to enable the attorney general to determine the adequacy of the installment. To be timely filed, the certification must be received by the attorney general's office within 40 days of the end of the quarter in which sales were made. If the required certification is not provided to and timely received by the attorney general, the attorney general may remove the delinquent nonparticipating manufacturer and its brand families from the directory.(4) If the required quarterly escrow deposit is not timely made in full, or the attorney general does not receive timely official notice of the quarterly escrow deposit, the attorney general shall remove the delinquent nonparticipating manufacturer and its brand families from the directory.Wis. Admin. Code Department of Justice Jus 16.03
CR 04-028: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register March 2013 No. 687.